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Planning

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  1. Planning

  2. Planning + development: basic principles Development supported by relevant infrastructure, such as roads Impact on the environment is sustainable Located on land unlikely to be affected by factors such as flooding Town and Country Planning Code controls development in England+Wales

  3. Planning – the process Two key areas: • Forward planning – strategies/masterplans • Development control – councils deciding on planning applications

  4. Planning Applications Determined by district/boroughs in accordance with their Local Development Framework - LDF Is a quasi-judicialfunction of local authorities – decisions must be based on planning considerations (local opposition not a reason!) Can be determined by councillors or delegated to planning officers

  5. Planning applications – the process Planning application is submitted by applicant Council must publicise details and consult relevant parties or govt. depts (between three and eight weeks) Relevant parish council must be consulted Planning notices can be published in local newspapers Councils now list applications on websites with full details

  6. Planning applications – the process Councillors or officers consider the application and draw up a report with recommendation – does it meet council policies? Conflict with national policy/guidance? More important/significant applications decided by planning committee of councillors Others delegated to planning officers

  7. Planning applications – the process Application can be: Approved by council – allowing work to start Rejected – allowing applicant to appeal Approved with conditions – also allowing appeal Called in by DCLG (govt.) who may order inquiry – eg Terminal 5 Heathrow*Lydd Airport*Brighton and Hove stadium

  8. Outline or detailed planning consent? Outline planning permission: “In principle” consent for development Lasts for five years Detailed planning permission Fully developed proposal setting out precise location; dimensions; appearance; number of homes; transport issues etc Lasts five years

  9. Planning appeals Can only be made by applicant Three types of appeal: 1.Written representation: Usually for smaller schemes. 2. Informal hearing: Led by inspector, usually held at council. Less rigid than…. 3.Public inquiry: Inspector will hear evidence, listen to representations, cross-examine witnesses. May last days or weeks. Inspector will publish his decision. No appeal after this stage other than through Judicial Review (not common)

  10. “Called in” applications Possible where: Conflict with national policy on important matters Could have significant impact beyond local area – National Park designation; airport expansion Give rise to regional or national controversy – eg Heathrow; Kingsnorth Power Station Involves issues of national security

  11. Planning conditions – Section 106 agreement Where councils require developers to make financial contribution to meet relevant infrastructure costs, eg new road Can be imposed only where there is clear land-use justification Is directly related to development – eg developer contribution to infrastructure Is fair and reasonable in relation to size/scale of development Might mean developer giving money to pay for new access roads, school places etc

  12. Govt changes to planning • Localism Bill (Jan 2010) set out changes designed to “achieve a substantial and lasting shift in power away from central government…reform to make planning system more democratic and effective.”

  13. Localism – what will it mean? • Abolition of Regional Spatial Strategies (RSS) • Communities will have right to draw up ‘neighbourhood development plans’ (for eg, saying where new houses, businesses should go) • Community ‘right to build’ - but only small developments • Developers required to consult communities where very large developments planned (eg supermarket)

  14. Localism – what will it mean ii) • Reform of community infrastructure levy (Section 106) to cover costs of maintaining as well as providing infrastructure • Major planning applications (for eg train lines, airports, power stations) to be determined by ministers

  15. The National Level Central Government determines national planning policy via: Planning Policy Statements (PPS) Planning Policy Guidance (PPG) Minerals Policy Statements (MPS) Minerals Planning Guidance (MPG) Circulars and Parliamentary statements

  16. Regional plans – Regional Spatial Strategies (RSS) Drawn up by regional planning bodies – regional assemblies (in London, the Mayor) Includes policies on house-building targets; jobs; the environment; transport; the economy; leisure; big schemes (such as shopping centres, airports); infrastructure Covers a 10-20 year period (for example, South East Plan 2006 to 2026) Subject to public inquiry Can be amended by government after inquiry (South East Plan) Sets the policy framework for all authorities in the region, who must abide by it

  17. Local plans – Local Development Frameworks (LDF) The “policy framework” for local authority areas Sets out how planning will be controlled in each area Includes policies on land use, the environment, transport, business, regeneration as well as housing development Include information on specific sites Include environmental impact Should reflect (“have regard to”) national and regional policy, accounting for local needs Is the starting point for considering all planning applications

  18. Green belt Land protected by law from development Designed to check urban sprawl; safeguard countryside and retain land for farming and leisure Prevents towns merging into one another Helps preserve special character in historic towns and villages Strict rules prevent development; any relaxation must be approved by govt.

  19. Conservation areas Areas of special architectural or historic interest whose character or appearance is worth preserving Councils have powers to designate Government can too but only in “special circumstances” – more than local interest “Specialness” is judged against local and regional criteria 8,000 in England (first in 1967)

  20. Conservation areas, ii English Heritage can designate in London (after consultation with London borough and heritage minister) Within an area, council has extra controls over: 1. Demolition – planning permission needed 2. Minor developments – eg windows, satellite dishes which normally would not need planning permission but do in CAs 3. Protection of trees – tree preservation orders

  21. Conservation areas, iii Special character could be related to: Characteristic building materials Gardens, parks and greens Trees and street furniture (eg railings, lights) Not just about the appearance of buildings

  22. Listed buildings Buildings of special architectural or historic interest For eg castles, cathedrals, milestones, village pumps but also houses (stately homes) but also more contemporary buildings All buildings built before 1700 are listed Most between 1700 and 1840 are About 443,000 in total (most Grade 11)

  23. Grade II listed building – opened 1932, only station with octagonal ticket hall. Underground has 59 stations listed

  24. Listed buildings, ii Graded according to importance: Grade 1(most important), Grade 11 Designation by Secretary of State who puts all those listed in heritage register Main criteria for listing are: 1. Architectural interest 2. Historic interest 3. Close historical associations with nationally important events/people 4.Group value – where buildings comprise a good eg of planning, such as a terrace or square

  25. Areas of Outstanding National Beauty (AONB) 40 AONBs in England and Wales (35 wholly in England, 4 in Wales and 1 which straddles the border) Landscape whose distinctive character and natural beauty are so outstanding that it is in the nation's interest to safeguard them No development permitted in AONBs but nothing to stop development alongside Care entrusted to local authorities, organisations, community groups and the individuals who live and work within them

  26. AONB’s ii Designation of AONB is responsibility of Natural England, government Quango Designation on basis of their flora, fauna, historical and cultural associations; scenic views The Countryside and Rights of Way Act, 2000 (the "CRoW" Act) added further regulation and protection, ensuring the future of AONBs as important national resources

  27. AONB iii Some examples: Isles of Scilly (smallest, designation 1976) Cotswolds Parts of Cornwall – Lands End, Lizard Peninsula Kent Downs – includes Dover White Cliffs

  28. National Parks Ten National Parks in England, 3 in Wales and 2 in Scotland England -  Dartmoor, Exmoor, Lake District, New Forest, Northumberland, North York Moors, Peak District, the Yorkshire Dales, the South Downs and the Broads Wales - Brecon Beacons, Pembrokeshire Coast and Snowdonia Scotland - Cairngorms and Loch Lomond and the Trossachs.

  29. National Parks ii Each administered by its own National Park Authority, independent bodies funded by central government. These authorities: conserve and enhance the natural beauty, wildlife and cultural heritage promote opportunities for the understanding and enjoyment of the special qualities of National Parks by the public.

  30. Planning blight Occurs where: The value of an area or property is depressed by potential development proposal (eg a new road) Householders can issue “blight notice” on council or central government department

  31. Blight notices Can be served where proposal has been made – eg route of new road Where that announcement prevents homeowner getting “asking price” for house Where home might be needed to make way for development scheme Govt/council agrees to buy house at full market value Appeals against unsuccessful blight notices can be made to Lands Tribunal

  32. Compulsory purchase orders Councils can use powers to buy property where it is obstructing large capital schemes, usually regeneration projects Or where council wants to improve property that is in state of disrepair The power to issue Compulsory Purchase Orders is granted by the Acquisition of Land Act 1981 Independent inspectors hear appeals at local public inquiries if objections are made Inspector’s findings will be determined by Secretary of State

  33. Building Regulations Define how a new building is to be built so that it is: Structurally safe Protected from risk of fire Energy efficient Has adequate ventilation

  34. Building regulations ii Normally granted by council’s building control officers Building/alteration may need regulations approval but not planning permission Eg:new windows; underpinning foundations; cavity wall insulation;change of building use